14 Aug 2008
OGGI ADVERTISING LIMITED V AUCKLAND CITY COUNCIL HC AK CIV 2007-404-3251
- Citation
- openlaw-66adb41d_0d22_43f6_8d52_05cf3e390716.pdf
- Court
- High Court
Where an applicant expressly raised matters covered by clause 1.3.1 of the by‑law, the commissioners were legally bound to have regard to and weigh the financial consequences to the parish and school; the commissioners' formal decision made no reference to clause 1.3.1 or those consequences and contemporaneous records show they proceeded on the basis they were not bound to consider them; the decision was therefore invalid and was set aside with an order for rehearing in which those matters must be taken into account (including clause 27B.4.4(d) of amended by‑law).